In re N.F. CA2/8

Filed 5/11/15 In re N.F. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

In re N.F., a Person Coming Under the B256038 Juvenile Court Law. (Los Angeles County Super. Ct. No. DK00221)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

C.M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Robert S. Draper, Judge, Marilyn M. Mordetsky and Sherri S. Sobel, Juvenile Court Referees. Affirmed. Merrill Lee Toole, under appointment by the Court of Appeal, for Defendant and Appellant. Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Melinda A. Green, Deputy County Counsel, for Plaintiff and Respondent. ******

In this appeal, we affirm the juvenile court’s jurisdictional and dispositional orders. Mother, who had a long history of drug abuse and fled with her daughter prior to the detention hearing, fails to show the court erred in taking jurisdiction over her six- year-old daughter N.F. or in requiring her to test negative for controlled substances prior to visiting N.F. FACTS AND PROCEDURE C.M. (mother), who has a felony conviction for grand theft auto, previously had been involved with child protective services in New York and Texas. On July 31, 2013, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition, which, as later sustained, alleged that mother and father have a history of illicit drug use and currently abuse heroin and marijuana rendering them unable to care for N.F. Both were under the influence of illicit drugs while N.F. was in their care. 1. Detention Prior to the detention hearing, a social worker spoke with mother and father. Father was on probation for using heroin. He had completed nine months of a rehabilitation program, and he regularly attended Alcoholics Anonymous meetings. Father admitted smoking heroin and marijuana during the prior month. Father also admitted that he had been arrested for domestic violence, and that mother previously had obtained a restraining order against him. Mother reported that she and father were living with a friend because they had been evicted from their apartment. She acknowledged that child protective services in Dallas, Texas was investigating them. Mother and father were personally given notice that the detention hearing would occur on July 26, 2013, and father was also notified telephonically. Neither mother nor father appeared at the detention hearing. Additionally, N.F. was not at the detention hearing, and the court later learned she was in Texas with mother. The court (Judge Robert Draper) found notice proper. Paternal grandmother appeared at the detention hearing, and reported that mother and father had a history of avoiding child protective services. Grandmother indicated